Fresno County Department of Children & Family Services v. Della Z.

110 Cal. App. 4th 746, 2003 Daily Journal DAR 7991, 2 Cal. Rptr. 3d 38, 2003 Cal. App. LEXIS 1075
CourtCalifornia Court of Appeal
DecidedJuly 17, 2003
DocketNo. F041891
StatusPublished
Cited by1 cases

This text of 110 Cal. App. 4th 746 (Fresno County Department of Children & Family Services v. Della Z.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fresno County Department of Children & Family Services v. Della Z., 110 Cal. App. 4th 746, 2003 Daily Journal DAR 7991, 2 Cal. Rptr. 3d 38, 2003 Cal. App. LEXIS 1075 (Cal. Ct. App. 2003).

Opinion

Opinion

VARTABEDIAN, Acting P. J.

When a guardian, whose guardianship responsibilities were initiated as a permanent plan in a dependency proceeding, becomes incapable of providing custody for a minor, causing the change of custody to a new party under a permanent plan of long-term foster care, should the juvenile court terminate the guardianship because the guardianship is not permitted by law to coexist with the new permanent plan? We determine that such a termination is correct.

The juvenile court obtained dependency jurisdiction over four siblings, two boys and two girls, due to their parents’ failure to protect and provide for them. The children were all placed with their maternal grandmother, appellant Della Z. After reunification efforts with the parents failed, a permanent plan of legal guardianship with the grandmother was established. Dependency jurisdiction continued. The oldest child sexually assaulted his sister, the second oldest child, and was removed from the home of the grandmother. The misbehavior of the remaining three children resulted in their removal from grandmother’s care, as well, although the guardianship continued. The younger boy was returned to his grandmother’s care; the other three remained separately in group homes or foster homes. A hearing was held and the court terminated legal guardianship as to the three children not in grandmother’s care and ordered a permanent plan of long-term foster care. The court granted de facto parent status to the grandmother. The grandmother appeals, claiming she did not receive adequate notice and the trial court should have allowed [749]*749her to remain the legal guardian of the children at the same time it ordered a permanent plan of long-term foster care. We affirm.

BACKGROUND

On August 9, 1994, a Welfare and Institutions Code section 300 petition was filed seeking dependency jurisdiction over Jesse (bom Aug. 1988), Carrie (bom Jan. 1990), and David (bom March 1992). The Fresno County Department of Children & Family Services (Department) recommended that the children live with the maternal grandmother, appellant (hereafter grandmother). Jurisdiction was established and services were ordered for the parents, although the father’s whereabouts were unknown. The children remained with grandmother.

A fourth child, Crystal, was bom in October 1994, and dependency was established shortly after her birth. Her case was consolidated with the case of her siblings. Crystal was allowed to reside with her mother while the mother was in a dmg treatment program. The mother dropped out of the program, and Crystal went to live with grandmother.

After the parents failed to comply with the reunification plan services offered to them, the Department recommended that a permanent plan of long-term guardianship with the grandmother be established. Reunification services were terminated for the parents and the trial court established legal guardianship as the permanent plan. Grandmother was appointed as the legal guardian of the four children, and guardianship papers were issued. It was ordered that the children remain dependent children of the juvenile court.

The matter was reviewed several times, with the children remaining dependents of the court and the grandmother remaining as their legal guardian. Over the course of time all of the children exhibited behavioral problems. The family received extensive services to attempt to control the myriad of problems they were experiencing.1

On July 10, 2000, a Welfare and Institutions Code section 387 supplemental petition was filed. (All further undesignated statutory references are to the Welfare and Institutions Code.) The supplemental petition alleged Jesse had attempted to sexually molest Carrie, as reported by Carrie. Grandmother, as guardian, was unable to protect Carrie and the other children from Jesse and therefore Jesse was in need of a more restrictive placement.

A hearing was held on the supplemental petition. The Department did not seek to set aside the guardianship at that time, but it wanted to move Jesse to [750]*750a foster home. The court questioned what the proper procedure would be to put Jesse in foster care without setting aside the guardianship. The court continued the matter.

At the continued hearing on August 2, 2000, the court ordered the guardianship to continue with the grandmother; Jesse was transferred to a higher level of care outside the home of the grandmother. (The parties did not answer nor did the court address the previous question regarding the proper procedure to follow.)

On August 28, 2000, a supplemental petition was filed based upon grandmother’s report that, after Jesse was removed from her home, the remaining siblings became out of control; she could no longer care for them. A therapist for the children filed a letter stating that the children required extraordinary care and energy. The grandmother was overwhelmed and had her own personal difficulties.

A jurisdiction hearing was held on the supplemental petition on September 26, 2000. The district attorney stated that grandmother needed to be represented by an attorney. The court ordered the matter be sent to mediation, settlement conference, and then trial.

At an October 5, 2000, hearing, an attorney was appointed to represent grandmother. She was advised that the court could remove the children from her and terminate her rights to the children. Grandmother submitted the matter on the amended petition.

A disposition hearing was held on October 23, 2000. At the hearing, the court found the children to be dependent pursuant to section 360, subdivision (d). The children were removed from the custody of grandmother and placed in licensed foster care. Services and visitation for grandmother and the children were ordered.

A review hearing was held on June 12, 2001. Grandmother asked that David be returned to her home, noting that she had complied with all of the services offered to her. The court ordered an extended visitation between David and the grandmother; reunification services were continued for the other three children. On August 13, 2001, the court ordered that David’s placement change from extended visits to family maintenance with grandmother.

At the review hearing held on January 10, 2002, the court adopted the Department’s recommendation of six more months of services regarding the guardianship as to Jesse, Carrie and Crystal. Family maintenance was continued for David. The court granted the orders as requested.

Another review hearing was held on July 9, 2002. The report prepared for the hearing recommended that reunification services be terminated as to [751]*751Jesse, Carrie and Crystal and the matter be sent to assessment for a permanent plan. The social worker opined it was unlikely that Jesse, Crystal and Carrie would be returned to grandmother’s care. It was recommended that services be continued for David. Grandmother submitted the case on the report as to Jesse, Carrie and David. Grandmother agreed that it was not in Jesse’s and Carrie’s best interests to attempt to place them with her at that time and that long-term foster care should be their plan. As for Crystal, grandmother requested that the matter be set for trial. The court set the matter for trial for Crystal. For Jesse and Carrie, the court found grandmother’s progress inadequate.

Trial regarding Crystal was set for August 14, 2002.

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Related

In Re Carrie W.
2 Cal. Rptr. 3d 38 (California Court of Appeal, 2003)

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Bluebook (online)
110 Cal. App. 4th 746, 2003 Daily Journal DAR 7991, 2 Cal. Rptr. 3d 38, 2003 Cal. App. LEXIS 1075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fresno-county-department-of-children-family-services-v-della-z-calctapp-2003.